Day, Terri R.
Hall, Ryan C.W.
2011-02-03T23:17:46Z
2011-02-03T23:17:46Z
2010
89 Or. L. Rev. 415 (2010)
0196-2043
http://hdl.handle.net/1794/10954
38 p.
With an eye toward a Supreme Court decision sometime next year,
this Article looks at the First Amendment implications of restrictions
on violent video games and the tension between social sciences and
the law in protecting children from uncertain harm that may be caused
by violent video games. Part I chronicles the history of industry
measures, in response to political pressure, to shield young children
from the perceived negative effects of violence in various media. Part
II addresses the First Amendment obstacles to imposing restrictions
on violent video games. Part III reviews the current state of the
conflicted scientific literature on the issue of violent video games and
their effects on children. The potential biases and limitations of
applying social science research to legal issues will be discussed,
suggesting that the Court set high standards for using and reviewing
social science research in First Amendment cases. This Article is not
meant simply to predict how the Court will rule. It proposes a newly
articulated standard for reviewing legislative findings when social
science evidence is relied upon to support restricting First
Amendment liberties. Finally, this Article will end on a cautionary
note, concluding that politics and “soft science” should not dictate First Amendment jurisprudence, even for the laudable goal of
protecting children.
en_US
University of Oregon Law School
United States. Constitution. 1st Amendment
Video games
Violence
Oregon Law Review : Vol. 89, No. 2, p. 415-504 : Déjà Vu: From Comic Books to Video Games: Legislative Reliance on “Soft Science” to Protect Against Uncertain Societal Harm Linked to Violence v. the First Amendment
Déjà Vu: From Comic Books to Video Games: Legislative Reliance on “Soft Science” to Protect Against Uncertain Societal Harm Linked to Violence v. the First Amendment
Article

Strand, Palma Joy
2011-02-03T23:31:27Z
2011-02-03T23:31:27Z
2010
89 Or. L. Rev. 453 (2010)
0196-2043
http://hdl.handle.net/1794/10955
52 p.
Following the thread of inheritance law, I started with current
wealth inequality, which—after falling from its twentieth century
peak in the 1920s to a low point around 1980—has increased steadily
in recent decades. Further exploration led to the particularly acute
wealth disparities between Black and White households as well as
studies documenting the effect of inheritance in perpetuating those
disparities. This is an issue of immediate urgency: The wave of
racialized wealth owned by the parents of the baby boom generation
is currently washing over the baby boomers in an enormous
intergenerational transfer of wealth. Without intervention, the wealth distribution going forward will be at least as racially skewed
as it is at present.
en_US
University of Oregon Law School
Inheritance law
Race
Wealth inequalities
Inheritance and succession
Oregon Law Review : Vol. 89, No. 2, p.453-504 : Inheriting Inequality: Wealth, Race, and the Laws of Succession
Inheriting Inequality: Wealth, Race, and the Laws of Succession
Article

2011-02-08T20:40:17Z
2011-02-08T20:40:17Z
2010
89 Or. L. Rev. 557 (2010)
0196-2043
http://hdl.handle.net/1794/10958
24 p.
As a body of work, the poetry of Langston Hughes presents a
vision of how members of a political community should comport
themselves, particularly when politics yield few tangible solutions to
their problems. Confronted with human degradation and bitter
disappointment, the best course of action may be to abide by the
ethics of a melancholy citizenship. A mournful disposition is
associated with four democratic virtues: candor, pensiveness,
fortitude, and self-abnegation. Together, these four characteristics
lead us away from democratic heartbreak and toward political
renewal. Hughes’s war-themed poems offer a richly layered example
of melancholy citizenry in action. They reveal how the fight for
liberty can be leveraged for the ends of equality. When we analyze
the artist’s reworking of Franklin Roosevelt’s orations in the pursuit
of racial justice, we learn that writing poetry can be an exercise in
popular constitutionalism.
Wayne Morse Center for Law and Politics
en_US
University of Oregon Law School
Hughes, Langston, 1902-1967
Citizenship in literature
Oregon Law Review : Vol. 89, No. 2, p. 557-580 : The Ethics of Melancholy Citizenship
The Ethics of Melancholy Citizenship
Contested Citizenships
Article

Nathanson, Mitchell
2011-02-09T23:41:40Z
2011-02-09T23:41:40Z
2010
89 Or. L. Rev. 581 (2010)
0196-2043
http://hdl.handle.net/1794/10962
42 p.
As this Article discusses, post–World War II societal changes,
some directly impacting baseball and others with an indirect, but no
less forceful, impact, have led to a societal and, therefore, judicial,
separation of the traditional connection between Major League
Baseball and the larger, more symbolic, concept of “baseball,” all of
which led up to the C.B.C. Distribution decisions that sought to
protect the game but no longer entrusted Major League Baseball with
this role. The rise of the Players Association, the diminishing status
of club owners as a result of the corporate revolution of the sixties,
and the public demonization of both that occurred as a result of nearly
four decades of labor unrest (including, most notably, the cancellation
of the 1994 World Series) will all be discussed to show that, although
the symbolic pull of the concept of baseball may still be as strong as
ever, the power of Major League Baseball as a cultural force is clearly
on the wane. As a result, although federal courts are just as likely
now as they ever were to alter the legal rules of the game to protect
baseball, the C.B.C. Distribution decisions perhaps signal a shift in judicial deference toward Major League Baseball, as opposed to the
game itself. From now on, perhaps the federal judiciary will be more
likely to rule as the C.B.C. Distribution courts did and to recognize
that the sovereign nation of baseball is truly sovereign, not even
answerable to Major League Baseball itself. For decades, such a
conclusion would have been unthinkable. Now, perhaps, it has finally
become a reality.
en_US
University of Oregon Law School
Major League Baseball (Organization)
Baseball -- Law and legislation -- United States
Oregon Law Review : Vol. 89, No. 2, p.581-622 : Truly Sovereign at Last: C.B.C. Distribution v. MLB AM and the Redefinition of the Concept of Baseball
Truly Sovereign at Last: C.B.C. Distribution v. MLB AM and the Redefinition of the Concept of Baseball
Article

Eonas, Anthony G.
Secord, Erin M.
2011-02-09T23:49:42Z
2011-02-09T23:49:42Z
2010
89 Or. L. Rev. 623 (2010)
0196-2043
http://hdl.handle.net/1794/10963
22 p.
The following analysis will explore a secured party’s duties under
sections 9-207(a) and 9-610 individually and in tandem to reveal that,
despite the clarity of the statute on its face, variances abound. The
differences in application of these provisions of the UCC create
uncertainty in the marketplace, which is detrimental during times of
economic decline. Given the higher incidences of default in times of
economic recession, valuation becomes a key determinant of the
outcome for the parties involved. Furthermore, unique collateral
becomes increasingly difficult to value in a slow economy because of
reduced demand. Accordingly, collateral with an established
market is easier to value. This facilitation in collateral valuation leads to a more straightforward assessment of the adequacy of the
secured party’s preservation and disposal of collateral.
Additionally, this Article will investigate the effect of turbulence in
the domestic and global markets on creditors’ duties of preservation
and reasonable sale or disposal under sections 9-207(a) and 9-610.
en_US
University of Oregon Law School
Valuation
Oregon Law Review : Vol. 89, No. 2, p. 623-644 : Exploring the Creditor’s Duty of Reasonable Care Under UCC Article 9 Amidst Recession and Revision
Exploring the Creditor’s Duty of Reasonable Care Under UCC Article 9 Amidst Recession and Revision
Article

Duncan, Susan Hanley
2011-02-09T23:56:57Z
2011-02-09T23:56:57Z
2010
89 Or. L. Rev. 645 (2010)
0196-2043
http://hdl.handle.net/1794/10964
56 p.
This Article joins the dialogue concerning the proper response to
underage individuals taking and sharing sexually explicit images
of themselves. The dialogue recently began with only a handful of
law review articles published on the topic. The debate thus far
centers on whether naked images that underage individuals take of themselves should be prosecutable or whether the proper response is
to decriminalize this behavior. Because such images meet the
definition of child pornography, this Article advocates for a legal
response in addition to education. Like traditionally created
pornography, self-produced child pornography may lead to serious
and lasting physical and emotional consequences for its participants.
The State has a compelling interest in protecting the well-being of its
minors, which justifies a legal response to child pornography, whether
or not it is self-produced. In addition, society as a whole suffers
when teenagers produce child pornography that is distributed and
possessed not just by other teens but perhaps by pedophiles as well.
en_US
University of Oregon Law School
Child pornography -- Law and legislation
Oregon Law Review : Vol. 89, No. 2, p.645-700 : A Legal Response Is Necessary for Self-Produced Child Pornography: A Legislator’s Checklist for Drafting the Bill
A Legal Response Is Necessary for Self-Produced Child Pornography: A Legislator’s Checklist for Drafting the Bill
Article

Kuehl, Gordon J.
2011-02-10T00:48:39Z
2011-02-10T00:48:39Z
2010
89 Or. L. Rev. 645 (2010)
0196-2043
http://hdl.handle.net/1794/10966
24 p.
In the 2007–2009 biennial period, the
BETC program cost Oregon $68.6 million in tax revenue. Following
the economic downturn of 2008, Oregon is experiencing the same or
worse economic woes as the rest of the United States, and there have
been loud cries that the BETC program should be either massively cut
back or eliminated. With all state departments having to make tough
cuts due to budget constraints, how can the massive tax expenditure
of the BETC program be justified? To answer that question, I will
examine the history of the BETC program, its successes, and its
weaknesses in the hope of finding a long-term, sustainable, and
effective way that the goals of the Oregon legislature can be met. Part
I of this Comment reviews the history and passage of the BETC
program and the changes that have been made to it over the last
decade. Part II examines the current implementation of BETC and its
economic, environmental, and public policy effectiveness. Finally,
Part III considers the ongoing and upcoming legislative battles BETC
faces and what steps need to be followed to continue the program’s
effectiveness.
en_US
University of Oregon Law School
Oregon. Business Energy Tax Credit
Business Energy Tax Credit
BETC
Energy tax -- Oregon
Oregon -- Economic conditions -- 21st century
Oregon Law Review : Vol. 89, No. 2, p. 701-724 : Oregon’s Big Gamble: BETC and the Economics of Renewable Energy and Conservation
Oregon’s Big Gamble: BETC and the Economics of Renewable Energy and Conservation
Article

Kesselring, John D.
2011-02-10T00:56:51Z
2011-02-10T00:56:51Z
2010
89 Or. L. Rev. 725 (2010)
0196-2043
http://hdl.handle.net/1794/10968
28 p.
This Note discusses Coleman v. Oregon Parks and Recreation Department, analyzing the majority and
dissenting opinions and the implications of the court’s holding. To
this end, Part I discusses the statutory law that provides the
background for the present case. Part II discusses statutory
interpretation under Oregon law. Parts III and IV discuss the facts of
the case and the procedural history, respectively. Part V discusses the
court’s holding and the rationale provided by both the majority and
dissenting opinions. Finally, Part VI discusses the implications of the
two rationales and the issues that may arise from the court’s decision.
en_US
University of Oregon Law School
Liability (Law)
Recreational immunity
Oregon Law Review : Vol. 89, No. 2, p. 725-752 : Oregon’s Recreational Immunity in the Wake of Coleman v. Oregon Parks and Recreation Department
Oregon’s Recreational Immunity in the Wake of Coleman v. Oregon Parks and Recreation Department
Article